Author: Bilaal Shabbir

Bilaal Shabbir

Bilaal Shabbir

Bilaal is an Advocate at the Scottish Bar and practises in both Scotland and Jersey, focusing on public law, commercial dispute resolution and offshore trust litigation. He is a Panel Member on the Football Association’s (FA) National Serious Case Panel.

A ticked off Court of Appeal has refused another long residence appeal based on gaps in lawful residence, in a judgment full of digs at the Home Office in Iyieke v Secretary of State for the Home Department [2022] EWCA Civ 1147. The court made no bones about the fact...

7th September 2022
BY Bilaal Shabbir

This post is a wrap up of recent Afghan evacuation litigation in the High Court and Court of Appeal covering the cases of: A lot of the issues cross-over so rather than give you a detailed breakdown of each case, I’ll explore the Court of Appeal’s decision in S & AZ first...

24th August 2022
BY Bilaal Shabbir

The Home Office has published guidance on when officials should vary an application for indefinite leave to remain and instead grant an extension of permission to stay (i.e. limited leave to remain). The stated rationale is to ensure that people who apply for settlement and don’t qualify, but who do...

6th July 2022
BY Bilaal Shabbir

When the Home Office withdraws a decision to deprive someone of their British citizenship, does the person get their citizenship back (prospective) or was it never lost in the first place (retroactive)? This was the deceptively simple question that the High Court grappled with in E3 & Ors v Secretary...

20th May 2022
BY Bilaal Shabbir

In another reminder that leave obtained by deception can be revoked, we have the Upper Tribunal decision in R (Matusha) v Secretary of State for the Home Department (revocation of ILR policy) [2021] UKUT 175 (IAC). The case confirms that there “must be clear and justifiable evidence of deception and...

19th July 2021
BY Bilaal Shabbir

The Court of Justice of the European Union has held that refusing Universal Credit to EU citizens with pre-settled status is justified so long as there is no risk of breaching fundamental rights under the EU Charter. The case is C-709/20 CG v Department for Communities in Northern Ireland. This...

16th July 2021
BY Bilaal Shabbir

The Upper Tribunal can consider late acknowledgments of service from the Home Office when deciding whether to grant permission for judicial review proceedings, the Court of Appeal has ruled in R (KA) v Secretary of State for the Home Department [2021] EWCA Civ 1040. Issues in the case The first...

14th July 2021
BY Bilaal Shabbir

The Court of Session in Scotland and the High Court in England and Wales have both ruled that newly recognised refugees have a right to claim backdated child tax credit. The cases are Adnan, Petitioners [2021] CSOH 63 and R (DK) v Her Majesty’s Revenue and Customs [2021] EWHC 1845...

7th July 2021
BY Bilaal Shabbir

The Court of Appeal has ruled that an immigration tribunal is not obliged to accept the conclusions of an expert witness. The case of MS (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 941 confirms that a tribunal is required to reach its own conclusions. In...

29th June 2021
BY Bilaal Shabbir

An eight-month detention period for EU citizens is disproportionate, the Court of Justice of the European Union has decided. The case is C-718/19 Ordre des barreaux francophones and germanophone and Others. The case originated in the Belgian courts. Legislation in Belgium designed to facilitate the removal of unauthorised non-EU nationals,...

25th June 2021
BY Bilaal Shabbir
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